REGISTRATION

A civil partnership is formed when two people have signed a partnership document in the presence of each other, the registrar and two witnesses. The registration must take place in England and Wales and may not be in religious premises.

Each of the proposed civil partners must give notice of the proposed partnership to their local registration authority (section 5 (1) of the CPA). They may choose in which authority they wish to register their partnership. However they must both have resided, that is to say, have been physically present, in England and Wales and in an authority area for at least seven days prior to giving notice of the intended registration.

If a party or persons are subject to immigration controls then, for the purposes of entering into the partnership agreements, they must either obtain entry clearance, or obtain it from the home secretary, or fall within a class of persons specified by the secretary of state. Reporting duties will fall on any authorised person who suspects the formation of the partnership is for the sole purpose of evading statutory immigration controls.

When notice is given the authority will require evidence of name and surname, age, any form of civil partnerships or marriage, and proof of their nationality, and the requisite residence in England and Wales for the seven days preceding the giving of notice.

After giving notice the parties must wait a further 15 days (save where the registrar-general is satisfied there are compelling reasons for shortening the period). Notice must be publicised by the authorities for 15 days in both the authority areas where the parties live, if different. During the 15-day waiting period any person may object to the proposed partnership.

At the conclusion of the waiting period the registrar is under a duty at the request of one or both civil partners to issue a partnership schedule (except where an objection has been recorded or where the authority believes there may be a lawful impediment). The proposed civil partners have 12 months from the date of the first civil partner’s notice to sign the schedule. Once the proposed civil partners have signed the schedule, a partnership will have been formed.